What Is the Limitation Period for Equal Pay Claims?

Equal pay claims in England and Wales arise where an employee believes they are not receiving equal pay for equal work compared with a colleague of the opposite sex performing like work, work rated as equivalent, or work of equal value. These claims are based on the Equality Act 2010 and reflect long-standing principles of non-discrimination in pay.

The limitation period for equal pay claims is complex compared with most employment tribunal claims. It is affected by statutory rules on time limits, ongoing pay structures, and the concept of arrears of pay. Understanding these rules is essential because equal pay disputes often span many years of employment.

Legal Basis for Equal Pay Claims

Equal pay rights are set out in:

• Equality Act 2010 (Part 5, Chapter 3)

The law implies a sex equality clause into employment contracts. This means that if a term of a contract is less favourable because of sex, it is modified to match the more favourable term of a comparator.

Equal pay claims typically involve:

• Basic salary disparities
• Bonus schemes
• Pension contributions
• Allowances and benefits
• Pay progression structures

Standard Limitation Period for Equal Pay Claims

The general limitation period is:

6 months minus 1 day from the end of employment.

This applies where the equal pay claim is brought after employment has ended.

However, equal pay claims are unique because they can also be brought during employment, and the limitation rules operate differently depending on whether the claim relates to ongoing pay or historic underpayment.

Equal Pay Claims During Employment

While employment is ongoing:

• There is no strict requirement to wait until termination
• Claims can be brought at any time during employment
• Each underpayment is treated as a continuing breach of contract

However, tribunal recovery is limited by backdating rules (see below).

The “Six-Year Back Pay” Rule

A key feature of equal pay claims is the statutory restriction on how far back compensation can go.

Limitation on arrears

An employment tribunal can generally award arrears of pay for a maximum of:

6 years from the date the claim is presented.

This is known as the arrears limitation period.

Practical effect

Even if unequal pay has existed for 10 or 15 years, compensation is usually limited to the most recent six years.

This makes timing critical because:

• Earlier underpayments may be legally established but not financially recoverable
• Delay reduces the potential compensation period

Continuing Pay Inequality and Time Limits

Equal pay claims often involve ongoing disparities rather than single incidents.

The law treats unequal pay as a continuing breach:

• Each pay packet affected may constitute a fresh breach
• The limitation period may refresh with each underpayment

This means the claim can potentially include ongoing discrimination as long as it continues.

However, recovery remains subject to the six-year arrears cap.

ACAS Early Conciliation and Equal Pay Claims

Before bringing a tribunal claim, the claimant must notify ACAS and engage in Early Conciliation.

Effect on limitation:

• The limitation period is paused when ACAS is notified
• The pause continues during conciliation
• The clock resumes when the ACAS certificate is issued

This applies to equal pay claims in the same way as other tribunal claims.

Comparison with Other Discrimination Claims

Equal pay claims differ from general sex discrimination claims under the Equality Act 2010.

Feature	Equal Pay Claims	Sex Discrimination Claims
Time limit	6 months post-employment (plus ongoing rules)	3 months minus 1 day
Back pay limit	6 years	Discretionary “just and equitable” extension
Basis	Contractual equality clause	Statutory discrimination rights

This distinction is important because similar facts may give rise to different legal claims with different limitation rules.

When the Limitation Period Starts

The starting point depends on employment status:

During employment:

• Each underpayment creates a fresh cause of action
• Limitation runs from each affected pay date

After employment ends:

• The clock runs from the termination date
• Claims must generally be brought within 6 months of employment ending

Common Equal Pay Scenarios

1. Gender-based pay disparity

An employee is paid less than a colleague doing equal work.

2. Bonus inequality

Different bonus structures applied to employees in comparable roles.

3. Pension discrimination

Different employer contributions based on gender-linked pay differences.

4. Job evaluation disputes

Roles incorrectly rated, resulting in lower pay bands.

Key Legal Issues Affecting Limitation

1. Identifying a suitable comparator

A valid comparator must perform equal work under the Equality Act framework.

2. Establishing equal work

The tribunal assesses whether work is:

• Like work
• Work rated as equivalent
• Work of equal value

3. Continuing breaches

Pay inequality is often treated as ongoing, affecting how limitation applies.

4. Contractual vs statutory framing

Equal pay claims are contractual in nature but grounded in equality law principles.

What Happens if a Claim Is Out of Time?

If an equal pay claim is brought late:

• The tribunal may reject recovery for older periods
• Arrears are limited to the statutory six-year window
• ACAS cannot revive expired claims

Unlike some discrimination claims, equal pay claims do not benefit from a broad “just and equitable” extension for historic arrears.

Practical Steps for Claimants

To manage limitation risk:

• Identify the earliest possible date of unequal pay
• Compare pay records over time
• Check whether pay disparity is ongoing
• Consider ACAS Early Conciliation before deadlines expire
• Submit claims early to preserve maximum arrears

Key Takeaways

The limitation period for equal pay claims in England and Wales is shaped by both time limits and arrears restrictions. Claims can be brought during employment or within 6 months of termination, but compensation is generally limited to six years of back pay. Equal pay is treated as a continuing breach, meaning each underpayment may give rise to a fresh claim, but recovery is still time-limited. Early action is essential to preserve the maximum financial value of a claim.