Reviewed by Abid Hussain, Solicitor. Last reviewed 12 November 2026
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Men and women doing equal work for the same employer must receive equal pay and equal contract terms. If you are paid less than a colleague of the opposite sex and your employer cannot explain the difference by something other than sex, you can claim the difference and back pay. We advise across England and Wales by phone or video, or at our Manchester office.
Key points
- The law covers all contract terms: basic pay, bonus, overtime rates, pension, holiday and benefits.
- You need a comparator of the opposite sex doing equal work for the same or an associated employer.
- Back pay can be awarded for up to six years.
- A tribunal claim must be started within six months of the end of the employment. Claims can also be brought in the civil courts within six years.
What is equal work?
Sections 64 to 66 of the Equality Act 2010 write a sex equality clause into every contract. Work is equal in three situations.
- Like work: the same job, or broadly similar work where any differences are not of practical importance.
- Work rated as equivalent: a job evaluation study has scored the two jobs equally.
- Work of equal value: different jobs that are equal in the demands they make, such as effort, skill and decision-making. This is how, for example, shop-floor staff have compared themselves with warehouse staff.
The employer's defence
The employer has a defence if it proves the difference is due to a material factor that is not sex, such as experience, qualifications, location or a genuine market shortage. If the factor puts one sex at a particular disadvantage, the employer must also show it is a proportionate way of achieving a legitimate aim.
Finding out what others earn
A term in your contract that stops you discussing pay to find out whether there is discrimination cannot be enforced (section 77). You can ask colleagues, ask your employer in writing, and look at published gender pay gap figures if your employer has 250 or more staff. A tribunal can order the employer to disclose pay information once a claim is under way.
What you can recover
If you win, your contract is changed so that your pay matches your comparator's, and you receive arrears for up to six years before the claim. There is no award for injury to feelings in an equal pay claim. A tribunal can also order the employer to carry out an equal pay audit.
Pay discrimination for other reasons
Lower pay because of race, disability, age or another protected characteristic is not an equal pay claim. It is brought as discrimination, with a different time limit and different remedies. We tell you which claim fits.
How we work
We help you identify a comparator, gather the pay evidence, raise it with your employer through a grievance and, if it is not put right, bring the claim.
What it costs
We assess your case first and agree how you will pay, and what it will cost, before any work starts. A first consultation is £100 for half an hour or £180 for an hour. Typical costs for a tribunal claim are on our fees page.
Questions people ask
Can a man bring an equal pay claim?
Yes. The law applies to both sexes. A man can compare himself with a woman who is paid more for equal work.
Do I have to do exactly the same job as my comparator?
No. Broadly similar work, work rated as equivalent and different work of equal value all count.
Can my employer stop me talking about my pay?
A clause that stops you discussing pay to find out whether there is discrimination is unenforceable.
How far back can I claim?
Up to six years of arrears before the date of the claim.
How long do I have to claim?
In the tribunal, six months from the end of your employment. A claim can also be brought in the civil courts within six years.
Ask a question
Not sure where you stand? Ask a solicitor and we will reply by phone or email, or send an enquiry for a free initial assessment.
