UK Equal Pay Act (2026/27): How to Spot + Challenge Pay Discrimination
UK equal pay rights 2026/27: Equality Act 2010 Part 5 Chapter 3, the three comparator tests (like work / work rated as equivalent / work of equal value), 6-year back-pay limit, gender pay gap reporting reforms 2026, Employment Rights Bill pay-transparency proposals, how to gather evidence + the questionnaire approach.
The three "equal work" tests
Like work
Same or broadly similar work. Job content matters more than job title - a "Senior Manager" and "Director" doing the same things qualify. Differences must be of "practical importance" + not just dressing.
Work rated as equivalent
Where an employer's job evaluation scheme rates both roles at the same level. The scheme must be analytical + non-discriminatory in design. Strongest claim where formal grading exists.
Work of equal value
Different jobs that are equally demanding in skill, effort, responsibility, conditions. Independent expert assessment via Tribunal procedure. Used famously in Asda (warehouse vs retail) + Birmingham City Council (refuse collectors vs school staff).
Landmark UK equal pay cases
- Asda Stores v Brierley [2021 UKSC 10] - retail (mostly female) vs warehouse (mostly male) workers. Supreme Court ruled comparison was permissible despite different sites + departments. Case continues on equal value + material factor stages. Estimated £8bn liability.
- Birmingham City Council v Abdulla [2012 UKSC 47] - extended limitation periods for ex-employees to bring equal pay claims in the High Court (6 years) rather than just the Employment Tribunal (6 months). Major win for legacy claimants.
- Hartley v Northumbria Healthcare + similar cases - nursing roles vs technician roles. Equal value findings in NHS settings.
- Tesco Stores - ongoing - similar structure to Asda. ~250,000 retail workers comparing themselves to mostly-male distribution centre workers.
Action steps if you suspect equal pay discrepancy
- Gather public data - the employer\'s gender pay gap report (if 250+ employees), Glassdoor data, public-sector salary disclosures.
- Identify potential comparator(s) - colleagues of opposite sex doing the same/equivalent/equal value work. Multiple comparators strengthen the case.
- Submit a Subject Access Request for your own pay records under UK GDPR - reveals your full pay history + how decisions were made.
- Raise an internal grievance citing the comparator + pay difference. Many cases settle here.
- Consult union or specialist - many equal pay claims run in collective form. UNISON, GMB, Usdaw + others have running campaigns.
- ACAS Early Conciliation + Tribunal claim within 6 months of ending employment (or relevant trigger). 6 years back-pay available.
Related guides
- UK Salary Negotiation 2026/27 - data sources for benchmarking pay.
- UK Employment Contract Red Flags 2026/27 - pay disclosure clauses (unenforceable).
- UK Constructive Dismissal 2026/27 - claim route if grievance fails.
- UK Shared Parental Leave 2026/27 - parental leave pay equality issues.
Frequently asked questions
What is equal pay law in the UK?
The right to equal pay between men and women doing equal work, set out in Part 5 Chapter 3 of the Equality Act 2010 (consolidating the older Equal Pay Act 1970). It applies to all contractual terms - base salary, bonuses, overtime rates, holiday pay, pension contributions, benefits in kind. Not just headline salary. The protected characteristic is sex (gender) - other forms of pay discrimination (race, age, disability) are covered by general indirect discrimination provisions, not specifically the equal pay framework.
Who do I compare myself to?
A real (not hypothetical) opposite-sex employee of the same employer, doing equal work, on a single source of pay (same employer or associated employer, or where both pay sources can be traced to a single body). The comparator does NOT have to be at the same workplace - cross-site comparisons are valid if the same employer. The comparator does NOT have to be currently employed - predecessors are valid. You can name multiple comparators. The employer chooses who to defend against; the claimant chooses who to compare to.
What are the three tests for "equal work"?
Section 65 Equality Act 2010 sets three routes: (1) Like work - same or broadly similar work. (2) Work rated as equivalent - where the employer's job evaluation scheme rates both roles equally. (3) Work of equal value - different jobs but equally demanding in skill, effort, responsibility, conditions. Most large equal pay cases run on equal value. The Tribunal can appoint an independent expert to assess equal value - lengthy + technical process. See the detail table below.
What's the "material factor" defence?
The employer can defend an equal pay claim by showing the pay difference is due to a "material factor" that is NOT sex-related (Section 69 Equality Act 2010). Common material factors: differences in skills, qualifications, performance, market forces (genuine recruitment difficulty for that role), red-circling (pay protection after restructure), regional pay differences. Material factor must be (a) the real reason for the difference, (b) significant + relevant, (c) not directly or indirectly discriminatory. "Market forces" defence is most contested - has to be evidenced, not asserted.
How far back can I claim?
6 years of back-pay in England + Wales (5 years in Scotland) under Section 132 Equality Act 2010. The claim itself must be brought within 6 months of leaving the employment (or, if still employed, 6 months from when the pay difference would otherwise have ended). This 6-month time limit is unusually short for an equal pay claim - much shorter than the 3-month + 6-year limits for many other claims. Significant back-pay awards in Asda + Tesco + Birmingham cases ran to £20,000-£50,000 per employee.
What's a gender pay gap report and how does it help me?
Employers with 250+ employees must publish gender pay gap statistics annually by 4 April (private sector) or 30 March (public sector). They show: mean + median hourly pay gap, mean + median bonus pay gap, % of men + women in each pay quartile, % receiving bonus. The Employment Rights Bill proposes lowering the threshold from 250 to 50 employees + adding mandatory action plans. Use the report as evidence base: a large gap suggests systemic issues. The report shows GAP not specific role-comparison claims - but it reveals patterns that support investigation.
How do I gather evidence?
(1) Internal grapevine - colleagues willing to share salary info (though many contracts try to ban this, such clauses are unenforceable per Section 77 EA 2010). (2) LinkedIn / Glassdoor / job ad data for the role. (3) Internal job grading documents if accessible. (4) Subject Access Request (SAR) under UK GDPR for your own pay history + role history. (5) The s.138 equal pay questionnaire procedure was repealed in 2014, but the EHRC produces a voluntary questionnaire that some employers will complete. (6) Public sector + listed company gender pay gap reports. Most cases need union or specialist support to gather systematically.
Should I raise it via grievance or go straight to Tribunal?
Grievance first is normal practice + recommended by ACAS Code. Many large cases settle at grievance level once the employer realises the comparator data is solid. If grievance fails or is delayed, ACAS Early Conciliation (free) for 6 weeks, then Tribunal claim within the 6-month time limit from leaving (or the relevant trigger event). Costs of equal value cases are high (independent expert fees) - usually run with union backing or in collective claims. Solo claims for clear cases are still viable. Compensation is uncapped - much higher ceiling than ordinary unfair dismissal.