Discrimination in the Workplace
Men and women must be treated equally in the terms and conditions of their employment, if they are employed to do work that is the same or broadly similar, or carry out work which is of equal value in terms of effort, skill or decision making. Equal terms would include for example, basic pay, performance related benefits, hours of work, access to pension schemes etc.
The Equality Act 2010 makes it unlawful to prevent employees from having discussions to establish if there are differences in their pay. However, your employer can restrict you from discussing pay rates with people outside of your employment.
If you think you are not receiving equal pay, you can write to or approach your employer asking for information to help establish whether there is a pay difference, and if so the reasons for the difference. An employer may be able to justify a pay difference if they can show the reason for the difference is due to another genuine factor, and not due to the sex of the employee.
If you are dissatisfied with your employer’s response at this stage, you can try to resolve the issue internally through your employer’s grievance procedure. However, if the problem cannot be resolved informally, you can submit a claim to the Employment Tribunal whilst you still work for your employer, or within 6 months of your employment terminating should you choose to leave.