Equal Pay

Everyone has the right to be paid the same as other employees who are doing similar work. No one should be paid less because of their sex, race or other protected characteristic. 

Equal pay law covers all aspects of your pay and the terms and conditions of your employment. For example, if two employees receive the same salary and produce the same quality of work but one gets a smaller bonus because of a protected characteristic, this would also be discrimination

An equal pay claim can result in your pay and/or terms of employment being improved. You can also be back paid for lost earnings the distress caused by the discrimination. 

If you are thinking about making an equal pay claim, our lawyers can analyse the strengths and weaknesses of your case and advise on the best course of action.

Pursuing an Equal Pay Claim

UK

If you know or suspect you are being paid less than someone else for identical or comparable work, first try to collect the facts from fellow employees. No one is required to tell you how much they make, but sometimes they will. You can also ask your employer about pay and terms and conditions of work in general terms. They should be able to tell you what certain categories of employees are earning. They are not required to tell you what an individual earns. If you believe you are being paid less unfairly, talk to your employer and try to resolve it informally.  

If that doesn’t produce a satisfactory result, you can raise the issue as a formal grievance. You can share any evidence you have with your employer. If that doesn’t work, you can then make an equal pay claim to an employment tribunal and there you will need to show that a comparator or multiple comparators without the protected characteristic are receiving better pay or terms and conditions. If so, you should be able to receive compensation. 

If you are thinking about making an equal pay claim, our lawyers can analyse the strengths and weaknesses of your case, advise you on the best course of action and advocate for you. We can advise on whether your case also counts as discrimination. Information on all of your options if you think you are facing unequal pay is available via Acas

US

The Equal Pay Act of 1963 requires employers to give men and women equal pay for equal work. This law covers jobs which are substantially equal in content, even if they have different job titles, and covers benefits (for example, bonuses, life insurance, stock options) as well as salaries. Employers may not reduce the wages of men or women to make their pay equal. 

If your employer is not adhering to the Equal Pay Act, you can file a charge with the Equal Employment Opportunity Commission (EEOC) or go directly to court. You have a limited time from the date of the unequal compensation practice to file a charge or go to court: three years in the case of a wilful violation and two years otherwise. 

Equal pay claims can also tie in with other US discrimination protections. It may be possible to bring a claim under Title VII, the Age Discrimination in Employment Act, or the Americans with Disabilities Act for discriminating in pay on the basis of race, color, religion, sex, national origin, age, or disability. You can bring a claim under these acts for discrimination and unfair compensation even if your job is not substantially equal to those of other employees.

Our Work on Equal Pay

We have extensive experience handling discrimination and equal pay cases. We can provide advice on your options if you think you may have received different pay or conditions of employment based on your sex or other protected characteristics. 

We can help you build the strongest case before you negotiate with your employer or take it to a tribunal. Many clients prefer private settlements, but we can also litigate publicly to secure justice and compensation.  

I will always be grateful for your unwavering support of me. Equally, I will always be grateful for showing me how to find my voice and strength.

Title IX case against UCLA, client confidential

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Sandeep Mander, Mander v. Royal Borough of Windsor & Maidenhead

We really thought that there was nothing that anybody could do for us. We were wrong.

Dr Celeste Kidd, Aslin et al v. University of Rochester et al

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AOA client, confidential

Compared with other law firms I’ve worked with, no one matches the combination that McO has of experience, brilliance, ferocious fighting and deep empathy for their clients.

Dr Holly Atkinson, Atkinson et al v. Mount Sinai Health System, Inc. et al

Because my case could not bear public scrutiny, a very powerful institution used massive financial resources to try to crush me for asking for my disability rights. This was a huge mistake, as they didn’t know that I would obtain McO representation. I couldn’t ask for better representation.

Disability Rights client, confidential

I would like to say from bottom of my heart, thank you. Thank you to all the team. Now I can go and forget my former employer. God bless you all.

Unfair Dismissal client, confidential