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Equal pay - frequently asked questions

Note that questions will be added too based upon membership feedback. E-mail your questions to modpay@pcs.org.uk

Provide an example of a possible equal pay claim?

Examples could be where a women is paid less then a man for doing the same or a similar job, or where a women is being less than a man for doing a job of equal value - the work may be different, but the overall value to the employer the same.

The classic local authority example of equal value is council cleaners (who are often predominately women) seeking equal pay with council refuge collectors (predominately men).

The difference in pay must be proved to be based on sex discrimination, and it is equal pay and not unfair pay - if it was unfair pay most MoD staff could make a claim! As part of an analysis on sex discrimination, it can assist to consider the gender breakdown of the staff involved, to examine whether there are predominately female or male based groupings.

How do I know if I have a case for equal pay?

Albeit simplistically, to establish equal pay you need to show;

  • The person receiving more pay then you is of the opposite sex. (Note that an actual person(s) who will be the comparator(s) must be identified and named).
  • That you are doing the same or similar work, or work of equal value.
  • That the pay discrimination is based on gender.
  • That your employer cannot justify the pay difference.

PCS have considerable expertise in examining the potential for Equal Pay, and we also have to hand a Solicitor who specialises in equality issues. The first step on the road to equal pay is to consult the union, who will make an assessment.

Can I compare my work with that done by someone of the same sex?

No - it must be someone of the opposite sex. Note the issue is pay discrimination based upon gender.

If I think I have a possible equal pay case, what should I do?

Consult the union and benefit from expert advice. If you not a member, for goodness sakejoin PCS.

The PCS have intimate knowledge of the MoD and have access to pay statistics - these have been and will be analysed and scrutinised. There are also processes from which further information can be obtained, such as via an equal pay questionnaire, and PCS will submit this on your behalf with a full range of specialised and detailed questions.

PCS will provide you with sensible and professional advice, wherever possible commence the action, and represent you at every stage.

What could I achieve via a successful claim?

Firstly the MoD would have to equalise the pay with that of the comparator, including equal pay for the future. Also you would be entitled to up to six years backpay from the date of the employment tribunal application.

Why is PCS not supporting equal pay claims for men in grades D and C2?

As explained the basis of a claim must be sex discrimination, and evidence suggests that the MoD are more likely to pay HSP to a man rather then a woman. If it was the other way around, we would be calling for claims from men, and the comparators would be women.

We will be constantly reassessing this.

Why is PCS not supporting equal pay claims for other grades, save D and C2?

We have very carefully considered the scope for all MoD grades, but have concluded that the basis for Equal Pay claims are not present, other then D and C2. It is not that we believe the pay for these grades is fair; but remember that Equal Pay must be based on evidence of sex discrimination.

We are supporting Age Discrimination claims for all grades, (men and women).

What do I pay for all this?

The service from the union is free, and we pay for example the legal fees. Whatever a settlement, small or large, the union will not seek any of it - the money would be your compensation in recognition for the inequality. Note the PCS spent over a million pounds in successfully funding Equal Pay cases in the Prison Service.

Should I use PCS or an outside solicitor?

PCS. Without doubt PCS has the skills knowledge and experience to run these claims, which could not be matched by an outside Solicitor. An outside Solicitor cannot represent staff in internal grievances.

PCS do not charge for these services, and outside Solicitors charge a staggering amount, even up to 25% of a settlement, plus VAT and plus a deposit. The profit PCS make from this would be to improve pay for our MoD members, a labour of love, and of course hopefully gain new recruits.