This guide is maintained as a current resource for July 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Equal pay definition and employment law principles explained under UK law, including equal work tests, comparators, objective justification, tribunal claims, and remedies under the Equality Act 2010 in England and Wales.
Equal pay is a fundamental principle of UK employment law that requires men and women to receive equal pay for equal work. It is designed to eliminate pay discrimination and ensure fairness in the workplace.
In England and Wales, equal pay rights are primarily governed by the Equality Act 2010, which consolidated previous discrimination legislation. Employment tribunals regularly hear equal pay claims involving comparisons between roles, pay structures, and alleged gender-based disparities.
This article explains the legal definition of equal pay, the core legal principles, how claims are assessed, and how tribunals determine whether pay differences are lawful.
Legal Definition of Equal Pay
Equal pay law requires that:
- Men and women must receive equal pay for equal work, unless a lawful justification exists
- Any less favourable pay due to sex is unlawful
Equal pay applies not only to salary but also to all contractual terms, including:
- Bonuses
- Overtime rates
- Holiday pay
- Allowances and benefits
- Pension contributions
The legal framework is set out in the Equality Act 2010, particularly the “equality of terms” provisions.
What Is “Equal Work”?
A central concept in equal pay law is whether two employees are performing “equal work”. The law recognises three categories:
1. Like Work
Work that is the same or broadly similar.
Example:
- Two shop assistants performing identical duties.
2. Work Rated as Equivalent
Work that has been evaluated as equivalent under a job evaluation scheme.
Example:
- Different roles assessed as equal in skill and responsibility.
3. Work of Equal Value
Work that is different but of equal value in terms of:
- Effort
- Skill
- Decision-making
- Responsibility
Example:
- A warehouse operative and an administrative assistant performing different roles but requiring comparable skill levels.
Employment tribunals often rely on expert evidence when assessing equal value claims.
Equal Pay Claim Structure
An equal pay claim typically follows a structured legal test:
- Identify a comparator of the opposite sex
- Establish that the work is equal (like work, equivalent, or equal value)
- Show that the comparator receives higher pay or better terms
- Determine whether there is a lawful justification for the difference
If no justification exists, the pay difference is unlawful.
The Role of the Comparator
A comparator is a key part of equal pay claims. The claimant must identify a real person of the opposite sex who:
- Works for the same employer (or associated employer in some cases)
- Performs equal work
- Receives better pay or benefits
Tribunals carefully assess whether the comparator is valid and whether the roles are genuinely comparable.
Objective Justification Defence
An employer can defend an equal pay claim by showing that the pay difference is:
- Due to a legitimate aim
- A proportionate means of achieving that aim
Examples of potential justifications include:
- Market forces requiring higher pay for recruitment
- Performance-related pay systems
- Retention strategies
However, tribunals apply strict scrutiny, and justification must be evidence-based rather than speculative.
Pay Secrecy and Transparency
Historically, pay secrecy has made equal pay claims more difficult. However, legal protections now prevent employers from:
- Preventing employees from discussing pay to identify discrimination
- Penalising workers for sharing pay information in certain contexts
Transparency is often crucial in establishing claims before employment tribunals.
Equal Pay vs Pay Discrimination
Equal pay claims are distinct from general sex discrimination claims:
- Equal pay focuses on contractual pay equality between men and women
- Sex discrimination may involve broader workplace treatment beyond pay
Both claims can sometimes be brought together depending on circumstances.
Time Limits for Equal Pay Claims
Equal pay claims differ from most tribunal claims in that they are treated as a “continuing” breach.
Key rules include:
- Claims can often cover up to six years of arrears in the Employment Tribunal
- In the civil courts, claims may extend to six years or longer depending on limitation rules
- Time limits may be extended where inequality is ongoing
Early Conciliation via ACAS is generally required before starting proceedings.
Employment Tribunal Process
Equal pay claims in employment tribunals typically involve:
1. Claim Submission (ET1 Form)
The claimant sets out:
- Job role
- Comparator details
- Pay differences
- Basis of equal work argument
2. Employer Response (ET3 Form)
The employer may:
- Deny equal work
- Challenge comparator validity
- Provide justification for pay differences
3. Disclosure and Evidence
Both parties exchange:
- Pay records
- Job descriptions
- HR policies
- Job evaluation data
4. Expert Evidence (if required)
In equal value cases, tribunals may appoint independent experts to assess job comparability.
Remedies for Successful Claims
If an equal pay claim succeeds, tribunals may award:
- Back pay for up to six years
- Equalisation of pay going forward
- Interest on arrears
- Adjustment of contractual terms
In some cases, significant compensation awards can arise due to long-term pay disparities.
Common Equal Pay Issues
Tribunals frequently deal with disputes involving:
- Gender-based pay differences in public sector roles
- Historical pay structures affecting women disproportionately
- Misuse of performance-related pay systems
- Unequal bonuses or overtime rates
- Job evaluation disputes
These cases often require detailed analysis of job roles and pay systems.
Key Legal Principles
Equal pay law is based on several core principles:
- Pay equality must be assessed based on substance, not job title
- Sex is the prohibited ground for pay inequality
- Employers must justify any pay disparity objectively
- Work comparison is central to every claim
- Pay includes all contractual benefits, not just salary
These principles ensure structured and evidence-based tribunal decision-making.
Interaction with Employment Tribunal Claims
Equal pay claims often overlap with:
- Sex discrimination claims under the Equality Act 2010
- Unlawful deduction of wages claims
- Breach of contract claims
- Collective claims involving multiple employees
Employment tribunals may hear related claims together where appropriate.
Key Takeaways
Equal pay law in the UK requires that men and women receive equal pay for equal work unless a lawful justification exists. The Equality Act 2010 sets out the legal framework, including concepts of like work, work of equal value, and work rated as equivalent. Employment tribunals assess claims by comparing roles, pay structures, and employer justifications. Remedies can include significant back pay and ongoing pay adjustments, making equal pay one of the most important protections in employment law.
