Can I make an unequal pay claim if my responsibilities are greater than my comparator's? | LawHive - Solicitors & Lawyers Online
Can I make an unequal pay claim if my responsibilities are greater than my comparator's?
I am a manager at my workplace based in England, as part of my job I am responsible for managing employees that are on minimum wage. A new employee has been taken on whom I am responsible for with more favourable terms (weekends off) and considerably more pay than myself and my coworkers. Differences amount to £3/4 more per hour. The job in question was not advertised internally. I am looking to pursue an unequal pay claim. I have evidence of a discriminatory message sent by my line manager suggesting as a male he is stronger and therefore more capable of heavy lifting. Other remarks have been made verbally which are discriminatory based on sex. All other employees are female. Where do I stand in terms of making a claim when my responsibilities are greater than that of a comparator? I feel our work is not of equal value as I am more qualified within my position and hold a greater level of responsibility. I am the only employee currently in a live in position. I do not pay rent. Thanks in advance.

Hazel Felton

20th October 2021

1 upvote

Top Answer
Equal pay claims can be quite technical but if you can prove you do equal work then it is for the employer to prove a defence of material factors: if they can’t, you win, as the burden of proof is reversed. Otherwise the claim must be for direct or indirect discrimination - and for that you need to make out the prima facie detriment (you can probably link it to sex) before the burden passes to the employer. So that will be very much about why the employer’s rationale is. This is for an employment solicitor.

Patricia Garcia

11th February 2022

2 upvotes

> I feel our work is not of equal value as I am more qualified within my position and hold a greater level of responsibility. Be aware that a successful equal pay claim requires that your work is of the same nature (or broadly similar) to his work, and any differences between the two are not of any practical importance. Is he employed in the same role/position as you? If not, his work may not be classed as a suitable comparator for your claim.

Debbie Carrillo

11th February 2022

1 upvote

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