Low pay disputes in the UK - employer defence

Employers defence strategies against claims for equal pay

Please visit our main equal pay disputes page to read more about the subject of pay rights in the UK.

An employer may have a defence to your claim if they are able to show that the discrepancy in pay is due to some ‘genuine material factor’.  

This means that they must be able to show that the difference in salary is ‘genuinely due to a material difference which is not the difference of sex’.

There are potentially two different thresholds which apply when considering this defence.

 The test that applies will depend upon whether there is any significant difference of men an women in the two groups who suffer pay inequality.  

If there isn’t any significant difference then the employer only has to show that the difference is ‘genuine’ and ‘material’.  

If there is a significant difference in the proportion of men and women in the groups between you and your comparator of a different gender then your employer will need to meet the more difficult test of ‘objective justification’.  

Your employer will need to show that the difference in pay:

1. Corresponds to a real need of your employer;  

2. Is necessary and appropriate to meet that need  

3. Is proportionate to that need.   In these type of defences your employer will need to show that the reason put forward is genuine and is the actual reason for the difference.  

Your employer must also show that the reason put forward is ‘significant and relevant’.

examples of the types of defences put forward by employers are:

1. differences in geographical area

2. skills shortages

3. market forces

4. different qualifications and experience.

Your employer must still show that the material factor defence is not ‘tainted with discrimination’. For example your employer cannot rely on ‘market forces’ when the market itself is discriminatory.

Have you been underpaid?

Are you currently paid less than male counterparts fro doing the same job?

Are you a council worker or government employee who has received a poor deal?

Find out NOW whether you can raise a dispute and make a NO WIN NO FEE claim.    

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Attention - NHS Workers Are you working for the NHS in either a qualified or non- qualified role? If so you might have a right to claim back salary payments that may have been withheld through an unfair wage system.   Speak to our NHS equal wage dispute claims team today  

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