Equal Pay Act 1970

Until the Equality Act 2010 comes into force, the Equal Pay Act 1970 (as amended), interpreted in line with European equal pay law, is the principal piece of legislation relating to pay equality. It says that an individual can claim equal pay when she or he, when compared with a comparator of the opposite sex, is employed in:

• Like work - which means work that is the same or broadly similar, regardless of whether the job title is the same.
• Work rated as equivalent - which means work that has been rated as equivalent under a job evaluation scheme.
• Work of equal value - which means work that requires the same levels of effort, skill, knowledge and responsibility.

Pay modernisation programmes in local government and the NHS have given rise to thousands of equal pay cases over the last decade, and equal pay case law is developing all the time. Employers, and individuals who believe that they have a claim, should seek specialist advice on their specific circumstances.

Employers may find the statutory Code of Practice on Equal Pay helpful in setting out the scope of the Equal Pay Act.