Chat to Caira about your equal pay concerns. She listens, helps you organise evidence, and drafts statements in seconds—all confidentially and without judgement. https://caira.uwildered.co.uk

1. Introduction: Why Equal Pay Still Matters

Despite decades of progress, the gender pay gap remains a stubborn reality—even in the most prestigious sectors. For many women, discovering a pay disparity is not just about the money; it’s about dignity, recognition, and the sense that your work is truly valued. The frustration of learning a male colleague earns more for the same role, or that bonuses are quietly allocated behind closed doors, can be deeply isolating.

If you’re reading this, you may be wondering whether you’re alone, or if you’re “making a fuss.” You’re not alone. Thousands of women in finance, law, tech, healthcare, and the public sector have faced the same doubts and gone on to challenge unfair pay. The law is on your side, and collective action is increasingly common—group claims have won millions for women across the UK.

2. What Is an Equal Pay Claim?

An equal pay claim is your legal right to be paid the same as a man doing “like work,” “work rated as equivalent,” or “work of equal value.” The Equality Act 2010 gives you this protection, and it applies to salary, bonuses, pension, and all contractual benefits.

Examples:

• A female banker discovers her male peer, with the same title and responsibilities, is paid £15,000 more.

• A senior associate in a law firm is on a lower pay scale than a male colleague, despite handling similar cases and clients.

• A group of supermarket workers (mostly women) bring a collective claim, arguing their roles are of equal value to higher-paid warehouse staff (mostly men).

Why this matters:
Equal pay is not just a technicality—it’s about fairness, respect, and closing the gap for future generations.

3. How Pay Gaps Arise: Typical Scenarios and Triggers

Pay gaps are rarely accidental. They often result from opaque pay structures, historic bias, or policies that seem neutral but have a disproportionate impact on women.

Common triggers:

• Discretionary bonuses awarded in secret, with no clear criteria.

• Job titles that mask the reality—two people doing the same work but with different labels and pay.

• Grading or pay bands set years ago, never reviewed for fairness.

• Maternity leave, part-time work, or career breaks leading to slower pay progression or missed bonuses.

Contextual examples:

• A woman in tech discovers her male counterpart, hired at the same time, earns £20,000 more—simply because he negotiated harder at offer stage.

• A group of council workers (mostly women) realise their “caring” roles are paid less than “manual” jobs held by men, despite similar skill and responsibility.

If you’ve ever felt uneasy about asking for pay data, or been told “it’s just how things are,” your instincts are valid.

4. Evidence That Wins Equal Pay Claims

Success in an equal pay claim depends on gathering the right evidence and understanding what counts.

Key evidence includes:

• Payslips and contracts: Your own and, where possible, those of male comparators.

• Bonus statements and pension records: To show all elements of pay.

• Job descriptions and actual duties: What you do day-to-day, not just your title.

• Comparator evidence: Identifying a suitable male colleague in a similar role.

• HR records and internal emails: Especially those discussing pay, grading, or bonus allocation.

Technical note:
Employers may try to justify differences with a “material factor” defence—such as market rates or performance. Your evidence should focus on showing the roles are genuinely comparable and that any differences are not objectively justified.

For those facing complex exits, High-Value Wrongful Dismissal in the UK is often linked with negligence and psychiatric injury claims in employment law.

5. How to Start a Claim: Early Steps and Pitfalls

Taking the first step can feel daunting, especially if you worry about rocking the boat or being labelled “difficult.” Many women hesitate for months or years before acting. That hesitation is understandable—pay secrecy and fear of retaliation are real barriers. But small, careful steps can make all the difference.

Early steps:

• Request pay information:
  You have the right to ask your employer for pay data (using a Section 77 questionnaire under the Equality Act). This can reveal disparities and prompt internal review.

• Raise a grievance:
  Use your employer’s process to formally raise your concern. This creates a record and may lead to early resolution.

• Identify comparators:
  Find a male colleague in a similar role, or with similar duties, to compare pay and benefits.

• Document everything:
  Keep emails, meeting notes, and any responses from HR or management.

Time limits:

• Tribunal claims must usually be brought within six months of leaving employment.

• High Court claims (for breach of contract) have a six-year limit, but most equal pay claims go to the Tribunal.

Common pitfalls:

• Not identifying a suitable comparator.

• Missing deadlines due to uncertainty or delay.

• Settling too soon, before understanding the full value of your claim.

Example:
A woman in a City law firm raised a grievance after discovering her male peer’s higher salary. HR initially dismissed her concerns, but her careful documentation and comparator evidence led to a substantial settlement.

6. Typical Outcomes and Compensation

Equal pay claims can result in significant compensation, especially for senior women or large group actions.

What you can claim:

• Back pay:
  Up to six years of underpaid salary, bonuses, and pension contributions.

• Interest:
  Compensation for the time you were underpaid.

• Pension adjustments:
  Where lower pay affected your pension pot.

• Declaration of rights:
  A formal finding that your work is of equal value.

Sector examples:

• Retail/Public Sector: A group of supermarket workers won over £500,000 in back pay after a collective claim.

• Finance: A senior banker received six years’ back pay and pension top-up after proving her bonus was consistently lower than male peers.

• Tech: A developer’s claim led to a company-wide pay review and adjustments for dozens of women.

Tribunal vs. High Court:
Most claims are heard in the Employment Tribunal, but high-value or contractual claims (e.g., involving bonuses or LTIPs) may go to the High Court.

7. Employer Defences and How to Respond

Employers rarely admit to pay discrimination. They often rely on technical or factual arguments to defend claims.

Common defences:

• Material factor defence:
  Claiming pay differences are due to market rates, performance, or experience—not gender.

• Denial of “like work” or “equal value”:
  Arguing that roles are not truly comparable.

• Historic reasons:
  Citing legacy pay structures or previous negotiations.

How to respond:

• Present clear evidence of your duties and those of your comparator.

• Highlight inconsistencies in the employer’s explanation.

• Use pay data, job descriptions, and performance records to show the real picture.

• Challenge “material factor” arguments with facts—e.g., if performance ratings are similar, or market rates are not objectively evidenced.

Example:
A woman in tech countered a “market rate” defence by showing her male comparator was hired at the same time, with similar experience, yet paid more from day one.

8. Frequently Asked Questions

Can I claim if I’m still employed?
Yes, and many women do. You don’t have to resign to bring a claim.

What if I don’t know my comparator’s pay?
You can request this information from your employer, and the Tribunal can order disclosure if needed.

Will my claim be public?
Tribunal hearings are public, but you can request restricted reporting in sensitive cases.

Can men bring equal pay claims?
Yes, but most claims are brought by women due to the persistent gender pay gap.

What if I’m victimised for complaining?
Victimisation is unlawful. If you suffer detriment for raising an equal pay concern, you can bring a separate claim.

9. Checklist: Preparing Your Case

• Gather your payslips, contracts, bonus statements, and pension records.

• Collect job descriptions and document your actual duties—note any differences with your comparator.

• Identify a suitable male comparator and gather any available pay data.

• Save all emails, meeting notes, and HR correspondence about pay, grading, or bonuses.

• Keep a diary of events, including any discussions about pay or career progression.

• Note deadlines for bringing a claim—don’t let uncertainty or fear delay you.

• Seek support from trusted colleagues, a union, or a professional adviser.

Tip:
If you feel anxious or unsure, remember that many women have faced the same doubts. Taking small steps—like saving a payslip or jotting down a conversation—can help you feel more in control and build a stronger case.

10. Final Thoughts

Challenging a pay gap is never just about the money—it’s about respect, recognition, and fairness. Many women feel isolated or even guilty for questioning pay, especially in workplaces where secrecy is the norm. But your instincts are valid, and your experience matters.

Even if the process is daunting, taking action can bring closure, validation, and real change—not just for you, but for others who follow. Whether you pursue a claim or simply want to understand your rights, know that you deserve equal pay for equal work.

Disclaimer: This content is for general information only and does not constitute legal, financial, or tax advice. Outcomes may vary depending on your individual circumstances.