With the amount of upheaval caused by COVID-19, it can be easy to accept your employment situation, even if it may mean that you are continuing to be paid less than your colleagues. You shouldn’t have to – everyone deserves the right amount of pay for their work; this is why everyone must be made aware of the efforts of Equal Pay Day.
Taking
place this year on the 18th of November, Equal Pay Day is an annual event that shines a light on unequal
pay; providing information to employees and employers alike on how to encourage
the closure of the pay gap between genders.
Equal Pay Day is a national campaign led by The Fawcett Society in the UK. It marks the day where women effectively on average, stop earning relative to men because of the gender pay gap.
Here, we’re going to cover the gender pay gap – what it is, how it’s calculated and how to know to identify an instance of pay discrimination.
Equal Pay Day – About The Gender Pay Gap
Employees are entitled to receive the same pay as a colleague performing the same role or work of equivalent value – this principle of equal pay was introduced under the Equal Pay Act 1970, is part of wider sex discrimination laws, and is now enshrined in the Equality Act 2010. Despite this, there still may be instances in which workers are not paid the same for the same job.
What is the gender pay gap?
The ‘gender pay gap’ is the difference between the average pay of men and women within a particular group or population. Leading equal pay charity, The Fawcett Society (using figures obtained from the Office for National Statistics), uses the mean, full-time, hourly gender pay gap for the UK to calculate their findings for Equal Pay Day.
They say:
- The mean hourly pay gap for full-time workers stands at 11.9% (in 2020 this was 10.6%, while in 2019 it was 13.1%).
- The mean hourly pay gap for all workers (full and part-time) is 14.9% (13.9% in 2020, 16.3% in 2019).
- The median hourly pay gap for full-time workers is 7.9% (7.0% in 2020, 9.0% in 2019).
- The median hourly pay gap for all workers is 15.4% (14.9% in 2020, 17.4% in 2019).
There are several ways in which these are calculated – each method is valid depending on which aspect of equal pay you want to understand. These aspects can be:
- The pay in question – hourly or annual pay.
- The kind of average used – The mean (all individuals added up and divided by the total number of employees who perform the same job), and the median (the ‘middle person’ of a group if everyone was lined up).
- The population in question – The whole of the UK, specific nations, regions or cities, or employees of a particular company).
- The hours worked – Full and part-time employees only.
Each of these areas presents a measure of unequal pay between genders in a particular situation. They are all important to understand the gap that exists so we’re all aware of the steps that can be taken to close it.
What is pay discrimination?
There are three categories of equal work; “like work”, “work related as equivalent” and “work of equal value” (Section 65(1) Equality Act 2010).
In an equal pay claim, a comparator must be of the opposite gender to the Claimant, a current or previous employee and must be working (in the same employment).
Equal work is defined as the following:
- ‘Like work’ – the same work (or broadly similar to the role it’s being compared to).
- Rated as equivalent to the comparator’s work through a job evaluation study giving it equal value.
- Of ‘equal value’ to the comparator’s work – this means ‘equal’ in terms of the demands made by reference to factors such as effort, skill and decision-making.
If you feel that you may have a case for equal pay or discrimination, our experienced Employment Law solicitors can offer all the support you need. We specialise in supporting women who believe they are not receiving pay equal to their male counterparts.
Rowberrys – Supporting You For Equal Pay
Our Employment Team has expertise in all legal matters in the workplace – representing both businesses and individuals in solving disputes. We will work closely with you to understand your requirements and we will endeavour to explain all aspects of the legal process clearly, with our advice specifically tailored to suit your situation.
Some of the other services we can offer relate include:
- Unfair Dismissal – After two years of service, if you are dismissed for reasons that you think are unjust, you may have a case for unfair dismissal.
- Settlement Agreements – A legally binding contract that is drawn up
following the termination of employment and/or after a dispute with the
employer is at an end.
If you would like to learn more about discrimination law, equal pay or need advice on any aspect of employment law, we are here to help. Why not give us a call today on 01344 775 311?