Should regrading be sought before an equal pay claim is raised?

I feel my job needs regrading. Should I do this before looking into equal pay?

Any Equal Pay Claim that you may bring must be brought with reference to a comparator.

For example:

A local authority undertakes a job evaluation survey and finds that two different roles (say care assistant and refuse collector) are on the same grade.  Care assistants tend to be female and refuse collectors male. If a care assistant receives say £10,000 p.a and a refuse collector £15,000 p.a, a care assistant could bring an equal pay claim against the local authority using a refuse collector as a comparator.

If your role has been graded already but is to be re-evaluated and a re-evaluation results in your role being placed on a higher grade your comparator will be on the new higher grade as well. The comparator may consequently have been receiving a larger salary. The reverse will be the case if the role is re-evaluated to a lower grade.

I suggest you do not wait for any re-grading but bring two seperate grievances now one for equal pay and one for a re-evaluation of your role. The equal pay claim will be based on a comparator on your current grade. You can always bring a second equal pay claim however should the re-evaluation result in your role being placed on a higher grade.

You should bear in mind that:

1. An equal pay claim includes a claim for back pay. This will only go back six years. If you have been working for your employer for six years or more the longer you take to bring your claim, the greater the amount of historic back pay you will lose.
2. If you have left your employer's employment any claim must be brought in six months.
   

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