The Equal Pay Act 1970 (EPA) deals amongst other things, with inequality in pay and discrimination in the terms and conditions between men and women. The inequality may also give rise to a claim under The Sex Discrimination Act 1975 (SDA), which is narrower in scope than the EPA.

The EPA also permits (in limited circumstances), part-time and fixed term employees to bring non-discriminatory claims.

Through EU law, Article 141 of the Treaty of Rome, applies to all workers in the UK and permits claims for equal pay for equal work, between men and women.

The EPA implies into a contract of employment conditions of equal pay and equal terms and conditions, where a worker is performing like work, which is rated as equivalent and of equal value as work undertaken by the opposite sex.

In bringing the a claim, under the EPA, a worker must be able to compare themselves to an actual person employed by the employer. The comparator must be a past, present or successor of the worker and of the opposite sex.

Article 141 permits an employer to refer to a comparator employed by another employer in the same service or establishment.

An employer may have a valid defence to a claim under the EPA, if he can show that the difference in pay has occurred for a reason which is a genuine factor, unconnected with sex.

Another defence available to an employer is that a job evaluation has been undertaken, which concludes that the worker and their comparator are doing work, which is materially different.

Most inequality in pay, terms and conditions, arises as a result of indirect discriminatory practices. The leading case, which determines the tribunal and courts approach in these cases is the European Court of Justice case of Enderby v Frenchay Health Authority: C-127/92, which requires that employers justify any discrepancies where the pay of a group consisting predominantly of one sex is paid significantly less or more than a group consisting predominantly of another group.

Due to the complexity and time-consuming nature of EPA claims, they are usually now divided into four procedural steps to simplify and reduce the length of time involved in bringing matters to final hearing.

Expert evidence will nearly always be required, although it is ultimately the Tribunal that decides whether or not work is of equal value.

As an employee, you should be aware that if you feel that you have been discriminated against or denied equal pay at work then you will be obliged to take the matter through the company's internal grievance procedure, before commencing a claim in the Employment Tribunal.

There are strict time limits for commencing claims in the Employment Tribunal and Courts. In the Employment Tribunal, discrimation claims must generally be brought within three months from the date of the act complained of and within six months from the date the workers employment ended, in respect of equal pay claims.

If you believe you have an Equal Pay claim against your employer please complete our Free Online Assessment Form, now. We will then respond to you usually within 48 working hours, including a free, initial assessment of your claim.

Alternatively, you can download the free claim assessment form and send it to net employment solicitors at the address on our contact page.