With firms in the UK with 250 or more employees required to publish data on The UK’s gender pay gap by April of this year, we look at the possible legal implications of the gender pay gap for UK employers. Contributor Adam Pennington, Specialist Employment Law Solicitor – Stephensons

While there has continued to be some narrowing of the gender pay gap in the UK, it is concerning that men and women in the UK doing the same job continue to be valued differently by their employers. We should also bear in mind that the report covers all occupations, and so, it should be remembered that the scale of the report also potentially disguises the fact that, in some occupations, the pay gap could be much greater than the average, which is even more concerning.

When assessing whether men and women are doing the same job, it’s important to bear in mind the legal principle which underpins equal pay. Where a woman is employed on like work, work rated as equivalent under a job evaluation study, or work of equal value with a man in the ‘same employment’ then the presumption is that the difference in pay is attributable to sex. As such, she has the right to have her contract modified so that none of her terms are less favourable than his.

An employer will have a defence to such a claim if it can show the difference in pay is due to a ‘material factor’. For example, if an employer maintains that a man is being paid more than a woman because he is more flexible in the way he can perform the role, the employer will have to demonstrate not only that the man was more flexible, but also that the flexibility is relevant and significant to the job in question.

It’s therefore crucial for employers to undertake a review of the salaries it pays to men and women undertaking the ‘same job’ to either align any discrepancies in pay or be able to offer a non-discriminatory explanation for that discrepancy. Historically, a higher proportion of women than men work part-time, so efforts also need to be made to close the hourly pay gap between full and part-time workers.

Putting aside the negative effect such disparities can have on staff morale, and in turn productivity, by continuing to maintain a pay gap between the genders, UK employers are putting themselves at risk of legal action by their employees who are protected against such discrimination on the grounds of gender by the Equality Act 2010 and the Equal Pay Act 1970.”