What is meant by 'equal pay' and how is it being achieved?

The process of achieving equal pay in local authorities was supposed to have been completed by March 31st 2007 but two thirds of authorities are likely to fail to meet their obligations.

The law states that men and women are entitled to equal pay where they are doing the same work, or, in some cases, different types of work, but which are considered equivalent. This is expressed as follows:

• "like work" - the same, or broadly similar work
• "work rated as equivalent" – different work, but where the jobs have been rated as equivalent under a job evaluation scheme
• "work of equal value" – different work, but which could be rated as equivalent if there had been a job evaluation scheme

Pay includes all aspects of wages and salaries and includes pensions. The equal pay laws apply to all workers, including those working on a part-time, casual or temporary basis.

At the heart of the current predicament is the single-status agreement signed by local government employers and national trade unions almost a decade ago. This deal sought to end an unfair pay system that favoured largely male workers by compelling employers to implement a common pay scale for all jobs, and harmonise conditions based on equal pay and equal status for part-time staff.

The agreement had laudable aims:

• Recognition of traditionally low paid groups of staff providing vital community services.
• Equal Pay Reviews were to be finalised to provide an equality-proof, transparent pay structure.
• Compensation for employees for past inequality of pay and upgrading posts to reflect their worth to the organisation.

and the need to conclude the implementation of this work was reinforced in 2004 with the National Joint Council Pay Agreement (commonly referred to as the three year pay deal) whereby all authorities yet to implement equal pay had to do so by April 2007.

Regrettably approximately two thirds of local authorities are likely to fail to fail to meet the deadline and in some cases trade unions have colluded with local authorities to perpetuate the injustice of inequality of pay and conditions.

Compliant local authorities will have undertaken extensive Job Evaluation (JE) studies in negotiation with trade unions across their entire workforce which seek to establish parity between different jobs in different sectors of the council on the basis of "work rated as equivalent" and "work of equal value." Once the parity has been established the two comparators should enjoy equal pay and conditions.

Typically three groups are established:

• Green Circled – employees whose current salary is below the salary minimum of their new grade. Front-line staff in Schools, Social Care Services and DDS represent a significant majority (85%) of the Green-circled jobs that will benefit from the equal pay review.
• Red Circled – employees whose current salary is above the salary maximum of their new grade. Support Services staff, such as County Hall based roles, represent the majority of Red-circled jobs resulting from the equal pay review and these are likely to be dispersed across all Directorates.
• White Circled – employees whose current salary is unaffected by their new grade on 1st April 2007.

Claiming equal pay

You might well have a claim in the following circumstances:

• Many non-compliant local authorities are relying on widespread ignorance of the law in the hope that they can escape their responsibilities. You should ask your employer if a Job Evaluation has been conducted and if so, who your comparator is. If no job evaluation has been conducted you should send an initial enquiry form to equalpaylawyer.co.uk or call us free on 0800 066 99 10.
  
• If an evaluation has been undertaken you have the right to ask for details of your comparators salary and benefits via the Equal Pay Questionnaire that was introduced by the Government in April 2003. Your employer can refuse to complete the questionnaire but if they do so and you can take them to a tribunal where 'inference can be drawn' from their refusal. Again you should send an initial enquiry form to equalpaylawyer.co.uk or call us free on 0800 066 99 10.
  
• Others have entered into cosy arrangements with trade unions to ring-fence some employees' wages and benefits for several years thus perpetuating the inequality. If this is the case you may well have a claim against the local authority (and indeed your union for failing to act in your best interest) to take you to "actual" parity rather the "nominal" parity they are offering. You should send an initial enquiry form to equalpaylawyer.co.uk or call us free on 0800 066 99 10.
  

How much will I get?

The amount you will receive varies from person to person depending on the level of inequality between you and your comparator.

• You should receive an immediate improvement in your pay and conditions to parity with your comparator commencing 1st April 2007.
• You should receive a lump-sum equivalent to the difference between the pay and benefits received by your comparator, plus interest, backdated for six years. Claims vary widely but our average claim is currently £16,000.
  

Will I have to go to a tribunal?

In most cases no. The single status agreement and the 2004 National Joint Council Pay Agreement are binding on the authorities but in some cases a tribunal might be necessary. In any event you will have the full support and assistance of your equalpaylawyer.co.uk legal team.

Free legal advice direct to your inbox: Ask Law Answers your equal pay legal question.