In Britain there is a 17% gap between men and women working fulltime and 38% when working part time. But current laws only provides for equal pay rights where the difference in pay is due to sexual discrimination.
From April 06 to March 07 there was just less than one quarter of a million claims accepted by the employment tribunals - up from just over 156,081 during the same period in 04/05. Equal pay accounted for 44,013 claims having risen from just 8,229 in 04/05. The success rate for such claims was just two per cent at full tribunal level although a lot are settled before this point.
So why have the figures for equal pay claims increased so dramatically in just two short years? In a recent Forbes list of the 100 most powerful women in the world occupations included CEO’s, secretaries of state, vice presidents, presidents, politicians and prime ministers. Women have broken the glass ceiling and are at the forefront of business, politics and professions. But inequality in pay is still a major issue for the fairer sex.
Local authorities and public bodies are particularly badly affected by the law and look set to pay out many millions to employees as they grapple with past discriminations. And complaints from solicitors that cosy arrangements with unions are getting in the way of individuals receiving their entitlement have been met with scepticism from trade unions. Particularly affected are the NHS and Public sector but employment lawyers predict the private sector will start to feel the pain in the not too distant future.
Unions have hit back blaming ‘no win no fee’ solicitors as amongst the factors leading to an increase in equal pay claims. A top trade union official, Dave Prentis, general secretary of Unison, has laid the blame at the feet of lawyers, saying “no win no fee solicitors are finding equal pay claims a very lucrative bandwagon.”
And other issues are coming to the fore such as whether the tribunals can cope with the expected deluge. Jenny Watson, previous chair of the equal opportunities commission, said, while still in office, that the flood of pay claims brought recently against local authorities was pushing the Employment Tribunal to breaking point. The system seems to have been under prepared for the increased workload and has not had a proportionate increase in staff to help deal with the increased volume of claims.
One defense put up against the numbers is that they are exaggerated due to the number of group claims that have been launched. Before she left the EOC, Watson suggested that there be a moratorium on new claims, with affected companies given three years to rectify the situation. She also indicated that she felt the growth in the area of ‘no win no fee’ solicitors would continue.
So if you are thinking of suing your employer for equal pay, what legal help do you need?
Firstly, don’t forget the strict time procedures. Equal pay law allows you to claim loss of earnings and interest up to a maximum of six years past. In Scotland, this is five years. Secondly, find if you arre you eligible to make a claim. You need to point to a male member of staff who is doing equivalent work for better pay or conditions.
If you work for a local authority or public body, you need to know that some of these organisations are entering into agreements with trade unions. This may not be a good deal for you, so before you make any decisions regarding suing your employer, consult an employment solicitor, who will be able to guide you on your rights and entitlements.

