Can I Be Paid Less Than a Colleague for the Same Job?

You cannot lawfully be paid less than a colleague of the opposite sex for equal work, unless your employer can show a genuine reason for the difference that has nothing to do with sex. The equal pay rules are in sections 64 to 80 of the Equality Act 2010. A pay difference with a colleague of the same sex is not an equal pay issue, though it may still be discrimination for another reason.

How equal pay works

Section 66 of the Equality Act 2010 writes a sex equality clause into every employment contract. If your terms are less favourable than those of a colleague of the opposite sex doing equal work, the clause changes your terms to match. This covers basic pay, bonuses, overtime rates, allowances and other contract terms.

The rules apply to men and women. You compare yourself with a named colleague, called a comparator. Under section 79 of the Equality Act 2010, the comparator usually works for the same employer at the same establishment, or at another site where common terms apply. The comparator can be a current colleague or the person who did your job before you. The comparator does not need to agree to be named.

What counts as equal work

Section 65 of the Equality Act 2010 sets three tests. You only need to meet one.

1. Like work. Your work and the comparator's work are the same or broadly similar, and any differences are not important in practice.
2. Work rated as equivalent. A job evaluation scheme has rated both jobs as equal in demands such as effort, skill and decision making.
3. Work of equal value. The jobs are different, but equal in their demands. These claims follow a special tribunal procedure that can involve an independent expert.

Job titles do not decide the question. The tribunal looks at what each person does day to day.

When your employer can justify the difference

Under section 69 of the Equality Act 2010, your employer has a defence if it shows the difference is due to a material factor that does not involve treating you less favourably because of your sex. Examples include higher qualifications relevant to the role, or difficulty recruiting for a scarce skill.

The factor must be the real reason. If the factor puts one sex at a particular disadvantage, your employer must also show it is a proportionate means of achieving a legitimate aim.

Here is an example. A finance assistant with two years' service learns that a male finance assistant, hired the same month, earns £3,000 a year more. They work the same ledgers and report to the same manager. Unless the employer can show a reason unrelated to sex, she has a claim for equal pay and arrears.

Talking about pay

Under section 77 of the Equality Act 2010, a term in your contract that stops you discussing pay cannot be enforced when you are trying to find out whether pay is linked to a protected characteristic. You can ask a colleague what they earn for that reason, and the colleague can tell you. Your employer must not victimise either of you for this.

Time limits and pay gaps for other reasons

The equal pay time limit is different from most claims. Under section 129 of the Equality Act 2010, a standard claim must be brought within six months of the end of your employment, and you can claim while you are still employed. ACAS Early Conciliation is required first and can extend the time. The change to six months for most claims from 1 October 2026 does not alter this, because equal pay already had six months. Under section 132 of the Equality Act 2010, arrears can go back up to six years in England and Wales and five years in Scotland.

If you are paid less because of your race, disability, age or another protected characteristic, that is not an equal pay claim. It is a discrimination claim, for example direct discrimination under section 13 of the Equality Act 2010. Acas states that time limits for employment tribunal claims increased from 3 months to 6 months on 1 October 2026. The 3 month limit may still apply to problems that started before 1 October 2026. Check your deadline early and seek advice.

What to do next

1. Write down your role, duties, hours and pay, and those of the colleague you believe earns more.
2. Keep payslips, contracts, job descriptions and any job evaluation results.
3. Ask your employer in writing how your pay was set.
4. Raise a grievance in writing if the answer does not explain the difference.
5. Start ACAS Early Conciliation before any claim.

Write down the duties you and your comparator carry out each week, date the note and keep a copy.

Frances N.U