It is a common misconception that a gender pay gap means there
is an equal pay issue – i.e. unlawful discrimination relating
to pay. They are two very distinct issues, but they are often
confused and conflated.
What is Equal Pay?
The key principle behind equal pay is that men and women who are
in the same employment and do the same job, or like work (or work
"rated as equivalent" or "work of equal
value"), must be paid the same.
Every contract of employment has an equality clause implied into
it and so it is a breach of this clause to pay men and women
differently for doing like work. In successful equal pay claims,
employees may be awarded up to six years' back pay (or five
years in Scotland). However, a claim will not succeed if the
employer can defend its pay decisions by showing that the
difference in pay is due to a material factor which is not relating
to sex and so not discriminatory - such as a shortage of skills, or
the need to pay more to recruit or to
